Salim Qureshi Alias Tunta v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38002 of 2023 Applicant :- Salim Qureshi Alias Tunta Opposite Party :- State of U.P. Counsel for Applicant :- Istiyaq Ali, Ali Hasan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned Counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 632 of 2022, under Sections 3, 5, 8 of Cow Slaughter Act, Police Station-Bighri Chainpur, District-Bareilly during pendency of the trial.

¶3Counsel for the applicant submits that the applicant was not named in the first information and has been falsely implicated in the instant case. The name of the applicant surfaced during investigation. False recovery of cow meat, a sharp-edged weapon and other articles has been shown from the applicant. There is no independent witness to the alleged recovery. There is no F.S.L. report to establish that the substance recovered is cow meat. The criminal history of the applicant has been explained in para 3, 4, 5, 6, 7 of the supplementary affidavit. The applicant is in jail since

18.12.2022. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having heard counsel for the parties and having perused the record, this Court prima facie finds that the applicant was not named in the first information report. There is no independent witness to the alleged recovery. There is no F.S.L. report to establish that the substance recovered is cow meat. Further the applicant has presently remained confined for more than nine months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Salim Qureshi Alias Tunta involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not tamper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 30.10.2023 S.S. High Court of Judicature at Allahabad